Phipps v. Harding
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Western District of Wisconsin. This suit was brought to recover the amount of a promissory note executed by the Hudson Furniture Company (a corporation of the state of Wisconsin), dated Hudson, Wis., March 20, 1892, payable April 11, 1893, to the order of Edgar Harding, the defendant in error, for the sum of Sr>,000, payable at the North National 35a,nk, Boston, Mass.
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In Error to the Circuit Court of the United States for the Western District of Wisconsin. This suit was brought to recover the amount of a promissory note executed by the Hudson Furniture Company (a corporation of the state of Wisconsin), dated Hudson, Wis., March 20, 1892, payable April 11, 1893, to the order of Edgar Harding, the defendant in error, for the sum of Sr>,000, payable at the North National 35a,nk, Boston, Mass. Prior to its delivery or'acceptance, the plaintiffs in error severally signed their names upon the back thereof for the purpose of giving credit to such note with tlie…
1Opinion of the CourtJenkins, Circuit Judge
*470We .are not at liberty to review the evidence to ascertain whether the finding of the court below upon the facts was warranted by the testimony. We are restricted to the consideration of the question whether the facts as found support the judgment rendered. Jenks’ Adm’r v. Stapp, 9 U. S. App. 34, 3 C. C. A. 244, and 52 Fed. 641. We must therefore consider the case upon the assumption that, at the time of the execution of the note, the Hudson Furniture Company was insolvent, to the knowledge of the individual parties to the note, who were its directors. Whether the term "insolvent,” as…
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